[Ord. No. 19-2020, 6-8-2020]
(a)
Statutory authorization. The shoreland protection regulations
of this division are established in accordance with the authorization
provided in § 61.353, Wis. Stats.
(b)
Findings of fact and purpose. Uncontrolled use of shorelands
and pollution of navigable waters of the Village adversely affect
public health, safety, convenience, and general welfare and impair
the tax base. The Legislature of Wisconsin has delegated responsibility
to all municipalities to:
(1)
Promote the public health, safety, convenience and general welfare;
(2)
Limit certain land use activities detrimental to shorelands;
and
(3)
Preserve shore cover and natural beauty by controlling the location
of structures in shoreland areas and restricting the removal of natural
shoreland vegetation.
[Ord. No. 19-2020, 6-8-2020]
The shoreland protection regulations of this division apply
to the following shoreland areas:
(a)
A shoreland that was annexed by the Village of Mount Pleasant
after May 7, 1982, and that before such annexation was subject to
a county shoreland zoning ordinance under § 59.692, Wis.
Stats.
(b)
A shoreland that before incorporation by the Village of Mount
Pleasant was part of a town that was subject to a county shoreland
zoning ordinance under § 59.692, Wis. Stats., if the date
of incorporation was after April 30, 1994.
(c)
Shoreland areas subject to regulations under the regulations
of this division include all lands in the Village that are:
(1)
Within 1,000 feet of the ordinary high-water mark of navigable
lakes, ponds, or flowages. Lakes, ponds, and flowages are presumed
to be navigable if they are listed in the DNR Surface Water Data viewer
available on the DNR website, or are shown on United States Geological
Survey quadrangle maps or other zoning base maps; or
(2)
Within 300 feet of the ordinary high-water mark of navigable
rivers or streams, or to the landward side of the floodplain, whichever
distance is greater. Rivers and streams are presumed to be navigable
if they are designated as continuous waterways or intermittent waterways
on United States Geological Survey quadrangle maps. Flood Hazard Boundary
Maps, Flood Insurance Rate Maps, or other existing Floodplain Zoning
Maps approved by the DNR must be used to delineate floodplain areas.
(d)
Determinations of navigability and ordinary high-water mark
location shall initially be made by the Community Development Director
or Public Works Director. When questions arise, the Community Development
Director or Public Works Director must contact the appropriate DNR
district office for a final determination of navigability or ordinary
high-water mark.
(e)
Pursuant to § 61.353, Wis. Stats., the shoreland protection
regulations of this division do not apply to lands adjacent to an
artificially constructed drainage ditch, pond, or retention basin
if the drainage ditch, pond, or retention basin is not hydrologically
connected to a natural navigable water body.
[Ord. No. 19-2020, 6-8-2020]
(a)
Principal building setbacks. All principal buildings must be set back at least 150 feet from the top of bank of either side of Hood's Creek, Lower Pike River, Lower Sorensen Creek, or Des Plains. All principal buildings must be set back at least 75 feet from the top of bank for all other areas subject to shoreland protection under § 90-495.20.
[Ord. No. 19-2020, 6-8-2020]
A single boathouse accessory to a permitted or conditional use
may be located within a shore yard only if all the following requirements
are met:
(a)
The boathouse may not be closer than 10 feet to the ordinary
high-water mark of a navigable water.
(b)
The boathouse may not exceed 15 feet in height above the ordinary
high-water mark elevation.
(c)
The boathouse may not exceed 250 square feet in horizontal area
(ground coverage).
(d)
The boathouse must comply with applicable zoning district setbacks.
(e)
A boathouse may not project beyond the ordinary high-water mark.
(f)
A boathouse must be constructed in such a manner as to orient
the main opening of the boathouse toward the body of water.
(g)
The use of a boathouse for human habitation is prohibited.
(h)
No plumbing facilities may be provided in or for a boathouse.
[Ord. No. 19-2020, 6-8-2020]
A person who owns shoreland property that contains vegetation must maintain that vegetation in a vegetative buffer zone along the entire shoreline of the property and extending 150 feet inland for Hood's Creek, Lower Pike River, Lower Sorensen Creek, or Des Plains or 75 feet for all other areas subject to shoreland protection under § 90-495.20. Required vegetative buffer zones are measured inland from top of bank and must remain undisturbed, except as follows.
(a)
Invasive species or dead or diseased vegetation may be removed,
but if all vegetation in the vegetative buffer zone is removed, the
owner must establish a vegetative buffer zone with new vegetation;
and
(b)
Vegetation may be removed in part of the required vegetative
buffer zone in order to establish a viewing and access corridor that
is no greater than 30 feet wide for every 100 feet of shoreline frontage.
